Welcome to the Summer 2010 Quarterly Edition of the Hicks Morley Information and Privacy Post! This edition is packed with the most up-to-date case law developments in privacy, freedom of information, confidentiality and the law of production. Of note is the Supreme Court of Canada’s recent pronouncement on access to information under Ontario’s Freedom of…
Practice Area: Information, Data Security & Privacy
Federal Court Finds that PIPEDA Does Not Apply to Agents
On July 9, 2010, the Federal Court issued a very significant judgment on the scope of the application of the Personal Information Protection and Electronic Documents Act (“PIPEDA“). In State Farm Mutual Automobile Insurance Company v. Privacy Commissioner of Canada, 2010 FC 736 (CanLII), the Court held that PIPEDA does not apply to a collection,…
Bill 168 – Assessing Students as Risks
The new provisions incorporated into the Occupational Health and Safety Act (“OHSA”) by Bill 168 came into force on June 15, 2010. These provisions make clear that colleges must take every precaution reasonable in the circumstances to protect their workers from workplace violence. In this bulletin, we focus on the college duty to manage the…
Government Institutions Should Take Note of a Recent Supreme Court of Canada Case on Access to Government Information
On June 17th, the Supreme Court of Canada issued a significant judgement on access to government information. In Ontario (Public Safety and Security) v. Criminal Lawyers’ Association, 2010 SCC 23 (CanLII) (the “CLA” case), it held that the Canadian Charter of Rights and Freedoms (the “Charter“) gives the public a limited right of access to…
Hicks Morley Introduces Legislative Update Blog
Hicks Morley is pleased to announce the launch of Human Resources Legislative Update, a blog designed to provide human resources professionals with timely information about developments in a range of employment-related areas. In this FTR Now, we highlight the features of this new service. To access the blog click here. BACKGROUND Since 1997, Hicks Morley…
FTR Now: Federal Legislation Introduced to Create “PIPEDA 2.0”
As previously reported, on May 25, 2010, the federal government introduced two Bills that if passed, would significantly amend PIPEDA: Bill C-29, the Safeguarding Canadians’ Personal Information Act and Bill C-28, the Fighting Internet and Wireless Spam Act. In our FTR Now of June 9. 2010, we summarize the major changes to PIPEDA outlined in…
Federal Government Introduces Legislation to Create “PIPEDA 2.0”
On May 25th, the federal government introduced Bill C-29, the Safeguarding Canadians’ Personal Information Act, and Bill C-28, the Fighting Internet and Wireless Spam Act. If passed, these Bills would make changes to the Personal Information Protection and Electronic Documents Act (“PIPEDA” or the “Act”) that are of significance to federal sector employers, as well…
Information & Privacy Post 2009 and Spring 2010
Dear Friends After a short hiatus, and the introduction of a new editor, we are pleased to once again bring you the Hicks Morley Information and Privacy Post! As the first edition in over a year, we’ve combined our traditional Year in Review with our first Quarterly Edition for the year and are excited to…
Federal Amendments to PIPEDA Introduced
On May 25, 2010, the federal government introduced two Bills that, if passed, would significantly amend PIPEDA: Bill C-29, the Safeguarding Canadians’ Personal Information Act and Bill C-28, the Fighting Internet and Wireless Spam Act. Bill C-29 would: specify the elements of valid consent for the collection, use or disclosure of personal information; permit the…
Mandatory Reporting of Internet Child Pornography by “Persons” Providing an Internet Service
On May 6, 2010, the Federal government introduced Bill C-22, the Protecting Children From Online Sexual Exploitation Act, legislation that would impose mandatory duty on “persons” (defined to include individuals, corporations, partnerships, unincorporated associations or organizations) providing an “internet service” (internet access, e-mail or internet content hosting) to report child pornography in specific cases. This…